Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 722
       
       
       
       
       
                               Ì270454&Î270454                          
       
       576-04095-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to aviation; amending s. 206.9825,
    3         F.S.; revising eligibility for an excise tax credit
    4         for certain aviation fuel delivered by licensed
    5         wholesalers or terminal suppliers that increase the
    6         state’s workforce by certain amounts; revising the
    7         rate of the excise tax on certain aviation fuels on a
    8         specified future date; deleting the excise tax credit
    9         for certain aviation fuel on a specified future date;
   10         requiring the Florida Transportation Commission to
   11         conduct a study on specified issues relating to
   12         intrastate commercial air service and flight training
   13         and education; requiring the commission to submit a
   14         report on the study to the Governor and the
   15         Legislature by a specified date; providing effective
   16         dates.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (b) of subsection (1) of section
   21  206.9825, Florida Statutes, is amended to read:
   22         206.9825 Aviation fuel tax.—
   23         (1)
   24         (b) Any licensed wholesaler or terminal supplier that
   25  delivers aviation fuel to an air carrier offering
   26  transcontinental jet service and that, after January 1, 1996,
   27  increases the air carrier’s Florida workforce by more than 1000
   28  percent and by 250 or more full-time equivalent employee
   29  positions, may receive a credit or refund as the ultimate vendor
   30  of the aviation fuel for the 6.9 cents excise tax previously
   31  paid, provided that the air carrier has no facility for fueling
   32  highway vehicles from the tank in which the aviation fuel is
   33  stored. In calculating the new or additional Florida full-time
   34  equivalent employee positions, any full-time equivalent employee
   35  positions of parent or subsidiary corporations which existed
   36  before January 1, 1996, shall not be counted toward reaching the
   37  Florida employment increase thresholds. The refund allowed under
   38  this paragraph is in furtherance of the goals and policies of
   39  the State Comprehensive Plan set forth in s. 187.201(16)(a),
   40  (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1.,
   41  2., 4., 7., 9., and 12.
   42         Section 2. Effective July 1, 2018, subsection (1),
   43  paragraph (a) of subsection (2), and subsections (3), (4), and
   44  (5) of section 206.9825, Florida Statutes, are amended to read:
   45         206.9825 Aviation fuel tax.—
   46         (1)(a) Except as otherwise provided in this part, an excise
   47  tax of 5.4 6.9 cents per gallon of aviation fuel is imposed upon
   48  every gallon of aviation fuel sold in this state, or brought
   49  into this state for use, upon which such tax has not been paid
   50  or the payment thereof has not been lawfully assumed by some
   51  person handling the same in this state. Fuel taxed pursuant to
   52  this part shall not be subject to the taxes imposed by ss.
   53  206.41(1)(d), (e), and (f) and 206.87(1)(b), (c), and (d).
   54         (b) Any licensed wholesaler or terminal supplier that
   55  delivers aviation fuel to an air carrier offering
   56  transcontinental jet service and that, after January 1, 1996,
   57  increases the air carrier’s Florida workforce by more than 1000
   58  percent and by 250 or more full-time equivalent employee
   59  positions, may receive a credit or refund as the ultimate vendor
   60  of the aviation fuel for the 6.9 cents excise tax previously
   61  paid, provided that the air carrier has no facility for fueling
   62  highway vehicles from the tank in which the aviation fuel is
   63  stored. In calculating the new or additional Florida full-time
   64  equivalent employee positions, any full-time equivalent employee
   65  positions of parent or subsidiary corporations which existed
   66  before January 1, 1996, shall not be counted toward reaching the
   67  Florida employment increase thresholds. The refund allowed under
   68  this paragraph is in furtherance of the goals and policies of
   69  the State Comprehensive Plan set forth in s. 187.201(16)(a),
   70  (b)1., 2., (17)(a), (b)1., 4., (19)(a), (b)5., (21)(a), (b)1.,
   71  2., 4., 7., 9., and 12.
   72         (c) If, before July 1, 2001, the number of full-time
   73  equivalent employee positions created or added to the air
   74  carrier’s Florida workforce falls below 250, the exemption
   75  granted pursuant to this section shall not apply during the
   76  period in which the air carrier has fewer than the 250
   77  additional employees.
   78         (d) The exemption taken by credit or refund pursuant to
   79  paragraph (b) shall apply only under the terms and conditions
   80  set forth therein. If any part of that paragraph is judicially
   81  declared to be unconstitutional or invalid, the validity of any
   82  provisions taxing aviation fuel shall not be affected and all
   83  fuel exempted pursuant to paragraph (b) shall be subject to tax
   84  as if the exemption was never enacted. Every person benefiting
   85  from such exemption shall be liable for and make payment of all
   86  taxes for which a credit or refund was granted.
   87         (2)(a) An excise tax of 5.4 6.9 cents per gallon is imposed
   88  on each gallon of kerosene in the same manner as prescribed for
   89  diesel fuel under ss. 206.87(2) and 206.872.
   90         (3) An excise tax of 5.4 6.9 cents per gallon is imposed on
   91  each gallon of aviation gasoline in the manner prescribed by
   92  paragraph (2)(a). However, the exemptions allowed by paragraph
   93  (2)(b) do not apply to aviation gasoline.
   94         (4) Any licensed wholesaler or terminal supplier that
   95  delivers undyed kerosene to a residence for home heating or
   96  cooking may receive a credit or refund as the ultimate vendor of
   97  the kerosene for the 5.4 6.9 cents excise tax previously paid.
   98         (5) Any licensed wholesaler or terminal supplier that
   99  delivers undyed kerosene to a retail dealer not licensed as a
  100  wholesaler or terminal supplier for sale as a home heating or
  101  cooking fuel may receive a credit or refund as the ultimate
  102  vendor of the kerosene for the 5.4 6.9 cents excise tax
  103  previously paid, provided the retail dealer has no facility for
  104  fueling highway vehicles from the tank in which the kerosene is
  105  stored.
  106         Section 3. The Florida Transportation Commission shall
  107  conduct a study of intrastate commercial air service and flight
  108  training and education and develop recommendations for policies
  109  that are likely to improve the quality of such service,
  110  training, and education. The study must include an analysis of
  111  historic trends in intrastate commercial air service and must
  112  identify factors that have affected prices and the frequency of
  113  flights between destinations in this state. The study must also
  114  compare the incentives provided by this state to the commercial
  115  airline industry, generally, and to specific air carriers with
  116  similar incentives that have been provided by other states and
  117  must evaluate the effect that these incentives have had on
  118  commercial air service in this state and other states. The
  119  commission shall submit a report on the study to the Governor,
  120  the President of the Senate, and the Speaker of the House of
  121  Representatives on or before November 13, 2015.
  122         Section 4. 
  123